Dr A Oluwasola v University Hospitals of Morecambe Bay NHS Foundation Trust: 6010060/2025
REASONS
[1]A hearing held on 25 July 2025 considered the respondent’s application under rule 38 of the Employment Tribunal Rules of Procedure 2024 to strike out the claimant’s claim of unlawful deductions contrary to section 13 Employment Rights Act 1996. The Tribunal gave the claimant an opportunity to make representations as to why the deduction from wages claim which related to payments she alleged were due for 21, 22 and 23 October 2024 should not be struck out because the claim had no reasonable prospect of success.[2]Section 13(3) of the Employment Rights Act 1996 (ERA 1996) provides that the Tribunal shall consider a complaint where there is a payment of wages which is less than the sum properly payable on that occasion, the amount of the deficiency shall be treated for the purposes of ERA 1996 as a deduction made by the employer from the worker’s wage on that occasion.[3]The claimant’s claim was entered at the Tribunal on 24 March 2025.[4]The claimant, in additional information provided in her Claim Form (ET1), Case No: 6010060/2025 set out that there had been considerable uncertainty in respect of whether and if so when she would be engaged by the respondent on a temporary basis through her agency, MEDACS. The claimant took the step of attending the Hospital on 19 October 2024 to confirm that she was expected to start work on 21 October as her placement officer had some reservation.[5]The claimant attended the Hospital on 21 October 2024, was issued with security badges and in the afternoon, she shadowed a colleague. She was not compliant with the respondent’s health checks, completion of which are required prior to a placement commencing. Following the clinic, the claimant received a telephone call from her placement officer at MEDACS stating she could not work as there was an issue with her occupational health compliance. Despite being informed she could not work, on 22 October 2024 the claimant attended the Hospital Occupational Health department at the Hospital to try and sort out an issue relating to her vaccination status. The claimant attended the Hospital again on 23 October 2024 having received the result of her BCG scar on 22 October 2024. She had not received confirmation that her placement was to proceed.[6]The claimant failed to make any sufficient representations as to why her claim should not be struck out on the basis it lacked any reasonable prospect of success. Her claim related to a period prior to which she was compliant with the respondent’s health checks and prior to her receiving confirmation of her placement proceeding. The alleged deductions relate to the dates given in paragraph 1 above. Judge Callan Date 25 July 2025